LAGUDI v. FRESH MIX LLC (2022)

Supreme Court of Nevada.

Paul LAGUDI, an Individual; and William Todd Ponder, an Individual, Appellants, v. FRESH MIX, LLC, a Delaware Limited Liability Company; and Get Fresh Sales, Inc., a Nevada Corporation, Respondents.

No. 80950

Decided: August 04, 2022

Lewis Roca Rothgerber Christie LLP/Las Vegas Fox Rothschild, LLP/Las Vegas Brownstein Hyatt Farber Schreck, LLP/Las Vegas Pisanelli Bice, PLLC

ORDER DISMISSING APPEAL

Respondents have filed a motion to dismiss the appeal, and appellants have filed a response. Respondents first argue that the appeal is premature as a tolling motion remains pending below. In their response, appellants agree that this appeal may be dismissed as premature.

Upon review, it appears that a timely tolling motion was filed on March 30, 2020, and remains pending below. This court may dismiss as premature a notice of appeal filed before entry of the written disposition of the last remaining timely motion listed in NRAP 4(a)(4). NRAP 4(a)(6). Because it appears that this appeal is premature, the motion to dismiss is granted, and this court

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1. Given this dismissal, this court declines to reach the remaining arguments raised in respondents’ motion to dismiss.

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